Wonder if you qualify for common law marriage? Do you need a divorce from your common law spouse? Colorado is one of a handful of states that still recognizes common law marriage, but to qualify as being common law married, you and your spouse must meet certain conditions.
The Colorado Springs common law attorneys at Knies, Helland & McPherson Law are well-versed in litigating common law marriage issues and can explain the law and advise you appropriately.
Call our office at (719) 626-8530 to get started today!
What Is Considered Common Law Marriage in the State of Colorado?
In Colorado, a common law marriage can occur when a couple lives together and hold themselves out as being married to family, friends, and the general public.
In Colorado, there are a few general requirements for a common law marriage to be valid. These include:
- Both parties were legally able to marry;
- Both parties always live together (cohabitate) as husband and wife; and
- Both parties hold themselves out as spouses.
There are no time limits on how long you must live together to be considered common law married in Colorado.
Why Does Common Law Marriage Exist?
Common law marriages began for several reasons. The first reason was that some people did not have access to a minister or priest to perform the wedding ceremony. Others could not afford the official license in the past. A third reason was when pioneers first began seeking homesteads in the west, official means to register for marriage weren’t available. Today, many people just assume the role of marriage and live their lives in that manner.
How Can You Prove a Common Law Marriage?
In most cases, to prove that you actively participate in a common law marriage, you will need affidavits from people who are close to you and consider you married. You may also use legal documents that you and your spouse have signed as spouses. Be sure to speak with a firm like Knies, Helland & McPherson Law, which focuses on family law.
An experienced lawyer will know the questions to ask and the evidence needed to prove a common law marriage. Likewise, should you be asked questions by an attorney, do not answer without legal representation at your side.
How Do You Get a Common Law Marriage Certificate in Colorado?
Although it is not required, couples who are common law married can file their marriage with the state so that it is officially recognized. The State of Colorado will allow a married couple to sign an Affidavit of Marriage in front of a Notary Public and file it with the County Clerk’s and Recorder’s Office.
Do You Need a Divorce for Common Law Marriage in Colorado?
Since Colorado does not have a common law dissolution, the couple would need to file for a divorce if they would like their common law marriage to end.
When Do I Need a Lawyer for Common Law Marriage in CO?
There are three main reasons that you may need to seek the services Knies, Helland & McPherson Law concerning your common law marriage in Colorado:
- Affidavit of Marriage: You can have a legal Affidavit of Marriage prepared and witnessed in our law firm so that your marriage can be recorded with the County Clerk’s Office.
- Estate Planning: If you are in a common law marriage it is very important that you protect your spouse with proper estate planning. Without the right preparations, your spouse may be at financial risk.
- Divorce: Even though you have entered a common law marriage, the State of Colorado requires you to enter into an official divorce if you plan to end your relationship.
If you are facing a divorce for a common law marriage it is very important that you seek quality legal assistance.
Offering Quality Services for Common Law in CO
Common law marriages have special requirements for divorce that help you protect your interests. Knies, Helland & McPherson Law is a firm that understands these requirements and can guide you through the process. Our attorneys have litigated numerous cases dealing with complex issues related to common law marriage, such as same-sex common law marriage that predates the legalization of same-sex marriage.
"As a father, I doubted the court system would grant me my children, but the moment I met Kelly McPherson and her team I knew right from the start I was on a winning team. Kelly battled my divorce and custody case from out of state."N. Santana
They were extremely professional, and Ezra knew the ins and outs of incorporating military aspects into the divorce.Former Client
"Extremely professional and were the most pleasant people to work with in an otherwise stressful divorce matter."Chris
The partners and attorneys at Knies, Helland & McPherson are seasoned litigators with decades of combined courtroom experience. We help clients transition into the next phase of their life.
Clients Come FirstOur Attorneys believe you can part ways with a loved one with dignity and respect, without harming your children. They also believe divorce and mediation can be much less confrontational and toxic, and far less expensive.
Personalized ServiceWhen you work with our team, you will get a customized plan that best fits your unique situation. No two cases are the same and our attorneys understand this.
Team OrientedAs Mothers and friends, our approach is unique in that we work collectively as a team. Our firm's number one priority is the success of our clients. We strongly believe that the best outcomes come about when we collaborate.